Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Site visit made on 14 March 2025 by Lewis Condé BSc, MSc, MRTPI an Inspector appointed by the Secretary of State Decision date: 28 April 2025 Appeal Ref: APP/H1840/W/24/3352979 Foundrel Barn, Ab Lench Road, Abbots Lench, Worcestershire WR11 4UP • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr Eric Gill against the decision of Wychavon District Council. • The application Ref is W/24/00878/FUL. • The development proposed is change of use of existing holiday let units to 3 no. dwellings. Decision 1. The appeal is dismissed. Preliminary Matters 2. The description of development in the banner heading above is taken from the original planning application form, albeit I have removed reference to the scheme being ‘retrospective’ as this is not an act of development. 3. The appeal scheme has already been implemented and at the time of my site visit some of the units were being occupied as dwellings. 4. A revised version of the National Planning Policy Framework (the Framework) was published in December 2024. Main parties have been given the opportunity to comment on the implications of the revised Framework.

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Where received, comments have been taken into account. Main Issues 5. The main issues are: i. whether the appeal site is an appropriate location for residential development having regard to the local development strategy and national planning policy; ii. whether the proposed development would provide suitable living conditions for occupiers, in respect of the availability of natural light, outlook, privacy, and access to garden space; iii. whether the proposed development makes an appropriate contribution towards affordable housing; and iv. whether the proposed development would result in an unacceptable loss of visitor accommodation. https://www.gov.uk/planning-inspectorate

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Where received, comments have been taken into account. Main Issues 5. The main issues are: i. whether the appeal site is an appropriate location for residential development having regard to the local development strategy and national planning policy; ii. whether the proposed development would provide suitable living conditions for occupiers, in respect of the availability of natural light, outlook, privacy, and access to garden space; iii. whether the proposed development makes an appropriate contribution towards affordable housing; and iv. whether the proposed development would result in an unacceptable loss of visitor accommodation. https://www.gov.uk/planning-inspectorate

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3352979 Reasons Location 6. The appeal site is located outside any development boundaries defined in the South Worcestershire Development Plan (adopted 2016) the (SWDP). It is therefore in the open countryside for planning policy purposes. 7. Policy SWDP2 of the SWDP outlines the development strategy for the area. It establishes that permission for development in the countryside, outside the development boundaries of settlements, will be strictly controlled to limited defined exceptions or to development that is specifically permitted by other SWDP policies. This is in part to safeguard the countryside from encroachment but also to contribute towards the delivery of sustainability objectives. 8. Policy SWDP2 takes a somewhat more restrictive approach to development in the countryside than the Framework, but I still find it to be broadly consistent with the aims of the Framework in respect of prioritising development to sustainable locations. 9. The proposal conflicts with Policy SWDP2 as it does not meet any of the identified exceptions whereby development in the open countryside is considered appropriate. 10.

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Additionally, Policy SWDP4 seeks to promote the use of sustainable modes of transport. Amongst other things, the policy requires proposals to demonstrate that the layout of development will minimise the demand for travel and that they will offer genuinely sustainable travel choices. This is largely consistent with the Framework, which seeks to ensure development offers genuinely sustainable travel choices. 11. Church Lench includes some facilities and services, but these are located a considerable distance from the appeal site, while services and facilities that would sustain day to day living are located further away. 12. The appeal properties are largely surrounded by agricultural fields and are accessed via a long, unlit driveway. Meanwhile, public roads within the vicinity of the appeal site are mainly narrow country lanes, again unlit and without separate footway provision. Given the site’s surrounding context, I find it extremely unlikely that occupiers of the proposed dwellings would walk or cycle to facilities or services. 13. The nearest bus stop is also a considerable distance from the site, while I have no specific details of its service timetable.

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Nevertheless, given the distance involved, along routes described above, I do not consider the use of buses would be an attractive or realistic option for occupiers of the appeal site. Additionally, no other modes of public transport are available nearby. 14. Accordingly, occupants of the proposed residential units would be highly reliant on the use of the private car to meet every-day needs, this is the least sustainable transport option. 15. The appeal building has previously been found suitable for conversion to tourism accommodation, but such use will have different characteristics to the current proposal, as well as a differing planning policy context. https://www.gov.uk/planning-inspectorate 2

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Nevertheless, given the distance involved, along routes described above, I do not consider the use of buses would be an attractive or realistic option for occupiers of the appeal site. Additionally, no other modes of public transport are available nearby. 14. Accordingly, occupants of the proposed residential units would be highly reliant on the use of the private car to meet every-day needs, this is the least sustainable transport option. 15. The appeal building has previously been found suitable for conversion to tourism accommodation, but such use will have different characteristics to the current proposal, as well as a differing planning policy context. https://www.gov.uk/planning-inspectorate 2

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3352979 16. The approved holiday let use of the site would still be highly reliant on the use of the private car. Indeed, given the rural context, holiday visitors are extremely likely to arrive to the site in private vehicles, and also be reliant upon them for day trips, as well as access to wider facilities and services during their stay. 17. Nonetheless, I am not convinced that the approved holiday let use at the site would generate a comparable level of vehicle movements as the appeal proposal. Firstly, as I consider that the holiday lets are unlikely to be occupied as regularly as the permanent dwellings. Additionally, it is more likely that holiday guests within each of the units would be undertaking activities together and therefore travelling with one another and sharing a vehicle. In contrast, I consider that permanent occupiers of the proposed dwellings are more likely to utilise multiple vehicles, thereby creating more vehicle movements. For example, due to the need of permanent residents within each of the units to commute separately to places of work, or undertake other separate activities in different locations. 18.

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Therefore, whilst both uses of the appeal site would be highly reliant on the use of private vehicles, I consider that the appeal scheme would be likely to generate significantly more journeys. As such, the appeal scheme is deemed to be more unsustainable and materially harmful than the appellant’s identified fallback position. 19. The appellant has drawn my attention to a relatively recent appeal decision1 at Oak Inn, Woodmancote, Defford, Worcestershire that is within the local planning authority area. The Inspector for that appeal allowed a proposal for four custom or self-build dwellings in the countryside, on a site benefiting from a fallback position for tourism accommodation. 20. I do not have the full background details of the Oak Inn case to enable a precise comparison between that permission and the current appeal proposal. Still from the available information, it seems the Oak Inn’s site’s context is different to the current appeal site in that it was identified as being within close proximity to the village of Defford, which was accessible via a footpath. As such, some services and facilities were identified as being reachable by foot or bike.

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Moreover, based on the evidence before me and for the reasons outlined above, I am not convinced that the holiday let use of the current appeal site would have comparable levels of vehicle movements to permanent residential dwellings. My decision therefore does not turn on the cited appeal decision. 21. The Framework recognises that transport opportunities will vary between urban and rural areas. In this case, however, I find the site’s characteristics would not encourage future residents to use alternative modes of transport or provide genuine, usable, or practical alternative modes. 22. I therefore find that the appeal site is an inappropriate location for residential development having regard to the local development strategy and national planning policy, with the appeal scheme conflicting with Policies SWDP2 and SWDP4. Additionally, the appeal scheme is contrary to the aims of the Framework in respect of focusing development to sustainable locations and promoting the use of sustainable travel. 1 Oak Inn, Woodmancote, Defford, Worcestershire WR8 9BW https://www.gov.uk/planning-inspectorate 3

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3352979 23. The Council has also cited Policy SWDP1 in its reason for refusal on this main issue. This policy relates to overarching sustainability principles and reflects the requirements of Paragraph 11 of the Framework. Accordingly, I have dealt with this as part of my final planning balance. Living Conditions 24. At my site visit it was evident that each of the units within the formerly converted barn had access to areas of outdoor garden space, with two of the units benefiting from private areas. There is also a courtyard to the front of the building, which all three units face, and have doors, onto. From the evidence before me and my observations on site the courtyard is communal in nature and provides the main area of outdoor space for at least one of the units. This communal garden area is highly overlooked by each of the units, but I consider that a lack of privacy within a communal outdoor space is somewhat to be expected. 25. I am satisfied that the level of outdoor amenity space available for the proposal is suitable in terms of its quantum and quality to allow for a range of domestic activities, including outdoor relaxation.

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Meanwhile, the precise details of outdoor garden space and the need for it to be retained for use could be secured via conditions on the grant of any permission. 26. The courtyard though shares an intimate relationship with each of the appeal units. The courtyard’s relationship relative to windows and habitable rooms at ground floor level in the appeal units, means that there would be a significant lack of privacy to occupiers within the dwellings from persons utilising the communal courtyard, or even passing through it. The appeal proposal would therefore provide inadequate living conditions to occupiers in respect of privacy. 27. Although the approved holiday lets would utilise the same building and outdoor space arrangements as the appeal proposal, I consider that the harm through unsuitable levels of privacy would be far greater to permanent residents than to holiday makers. This is because holiday makers would only be exposed to such conditions for short periods of time. 28. Additionally, whilst the courtyard arrangement may naturally fit with the layout and architecture of the barn conversion, it remains that it results in inadequate living conditions for residents of the appeal proposal. 29.

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision At my site visit I was only able to gain access inside one of the appeal properties. However, from the submitted plans and my observations on site, the adjoining property would be subject to a highly similar layout, including the positions and extent of glazing to the relevant second (inner) bedroom. 30. The second (inner) bedroom that I observed within the end unit contained a rooflight, which allowed views of the skyline. It was also served by a window at floor level which formed part of a larger glazing arrangement also serving the ground floor of the property. From certain points within the room this window provided partial views of the courtyard and fields beyond. Although a sunny day, plenty of natural light appeared to be reaching the room, resulting in the bedroom being, a light, bright and pleasant space. I found the window arrangements also to offer adequate outlook. Based on my observations, I am content that occupiers of the appeal units would experience suitable living conditions in respect of outlook and provision of natural light. https://www.gov.uk/planning-inspectorate 4

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3352979 31. Still, the appeal proposal does not provide suitable living conditions for occupiers in respect of privacy. No relevant development plan policies have been cited by the Council, but in relation to this main issue the proposal would conflict with the aims of Section H1 of the National Design Guide as well as the South Worcestershire Design Guide Supplementary Planning Document (adopted 2018) (the SPD). Together amongst other matters these promote development that is of a high design quality, which provides quality of life to its users including through appropriate provision of privacy. Affordable Housing 32. Policy SWDP15 relates to the provision of affordable housing. Subject to identified thresholds, it requires all new ‘residential development’, including conversions, to contribute towards the provision of affordable housing. A policy footnote, identifies for the purpose of the policy ‘residential development’ means development within Use Class C3, as defined in the Town and Country Planning (Use Classes) Order 1987, as amended. 33. Although the approved use of the site is for short term holiday lets, this remains within Use Class C3.

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Therefore, notwithstanding the description of development put forward, the proposal does not involve new residential development under the terms of Policy SWDP15, as it is neither a new provision of, or conversion to, Use Class C3. 34. Consequently, I find there is no policy requirement for the proposal to contribute to affordable housing. The lack of an affordable housing contribution is therefore appropriate in this instance. Visitor Accommodation 35. Policy SWDP35 sets out criteria for the consideration of new tourism accommodation development. The policy, as worded, does not relate to existing tourism developments. Nor have I been presented with any specific policy requirements in relation to the loss of tourism accommodation, including any criteria that such proposals should be considered against. 36. The supporting text to Policy SWDP35 does highlight that the retention of existing and the provision of new visitor accommodation is an essential element of supporting tourism in the South Worcestershire area. Still, the wording of the policy only focuses on new visitor accommodation. 37.

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision The Courts have ruled on the differing roles played by policy and supporting text and as how to approach the question of conformity with the development plan. Notably, the High Court in the case of Cherkley Campaign Ltd v M v Mole Valley DC v Longshot Cherkley Court Ltd2 identified that the supporting text is an aid to the interpretation of policy but is not itself policy. Furthermore, if a matter in the supporting text contains an additional criterion not referred to in the policy itself, it could not be said that such a criterion has the force of a policy. 38. Given the above, I find there to be no inherent conflict between the appeal scheme and Policy SWDP35. Additionally, no robust reasons have been presented to suggest that the loss of the existing small holiday let use would result in any significant harmful impact on tourism in the area. 2 Cherkley Campaign Ltd v Mole Valley DC v Longshot Cherkley Court Ltd [2013] EWHC 2582 (Admin), 22 August 2013. https://www.gov.uk/planning-inspectorate 5

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3352979 Other Matters 39. Even if the appeal building were to be considered a non-designated heritage asset (NDHA), no robust evidence has been provided to demonstrate that the existing holiday let accommodation is unviable or that the proposal would secure the optimum viable use of the NDHA. Planning Balance and Conclusion 40. The Framework does not change the statutory status of the development plan as a starting point for decision making. For reasons outlined, the appeal proposal conflicts with Policies SWDP2 and SWDP4. These are important, strategic policies of the development plan. I therefore find the proposal to be contrary to the development plan taken as a whole. 41. Although the Council did not cite a relevant development plan policy, I have also found the proposal to result in unacceptable living conditions for occupiers of the proposal, contrary to the aims of the National Design Guide and the Council’s SPD. 42. The Council is unable to demonstrate a five-year housing land supply, with approximately 1.1 years supply being outlined by both main parties based on the updated requirements of the Framework. The undersupply of housing in the authority area is therefore substantial.

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision 43. The appeal proposal would make a small but nonetheless positive contribution towards housing supply. I have considered Paragraph 61 of the Framework which seeks to significantly boost the supply of homes. I have also considered Paragraph 73 of the Framework, which recognises the importance of small site’s in meeting the housing requirement of an area. Despite the limited scale of the appeal scheme, due to the Council’s substantial undersupply of housing, I find the benefits of the proposal to attract moderate weight. 44. Compliance with other aspects of the development plan, for example, in respect of the provision of affordable housing or the loss of tourism accommodation are assigned neutral weight in this planning balance. 45. Due to the lack of access to facilities and services and the considerable reliance on private vehicles, the proposal would have adverse environmental and social impacts, contrary to elements of the Framework that prioritise development to sustainable locations. The Framework also promotes well designed development that provides high standard of amenity for existing and future users. Together these matters attract significant weight. 46.

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Accordingly, I find that the adverse impacts of the proposal would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. The appeal scheme therefore does not benefit from the presumption in favour of sustainable development outlined within the Framework or under Policy SWDP1. 47. The appellant currently has tenants who permanently occupy the appeal units. The failure of this appeal would put the occupation of the units at risk. This would represent an interference with the occupants’ rights under Article 8 of the European Convention on Human Rights, as incorporated by the Human Rights Act 1998. https://www.gov.uk/planning-inspectorate 6

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Accordingly, I find that the adverse impacts of the proposal would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. The appeal scheme therefore does not benefit from the presumption in favour of sustainable development outlined within the Framework or under Policy SWDP1. 47. The appellant currently has tenants who permanently occupy the appeal units. The failure of this appeal would put the occupation of the units at risk. This would represent an interference with the occupants’ rights under Article 8 of the European Convention on Human Rights, as incorporated by the Human Rights Act 1998. https://www.gov.uk/planning-inspectorate 6

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3352979 48. Nevertheless, having regard to the legitimate and well-established planning policy aims to avoid unsustainable development and protect residential living conditions, in this case I consider that greater weight attaches to the public interest. Dismissal of the appeal is therefore necessary and proportionate, and it would not result in a violation of the human rights of the appellant or occupiers of the appeal site. 49. To conclude, the appeal scheme conflicts with the development plan taken as a whole and there are no material considerations, including the provisions of the Framework, that indicate that a decision should be taken other than in accordance with it. The appeal is therefore dismissed.

Foundrel Barn, Ab Lench Road, Abbots Lench, EVESHAM, Worcestershire , WR11 4UP — Wychavon District Council — Lewis Condé INSPECTOR https://www.gov.uk/planning-inspectorate 7